97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0257
 
Introduced 01/25/11, by Rep. Ron Stephens
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 135/2  from Ch. 134, par. 16.5

     Amends the Harassing and Obscene Communications Act.  Provides that a person who commits a violation of the Act is guilty of a Class 4 felony if, at the time of the offense, the offender was an inmate of a penal institution and the victim of the offense was known by the offender to be an employee of that penal institution.
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Harassing and Obscene Communications Act is 
5amended  by changing Section 2 as follows:
 


6    (720 ILCS 135/2)  (from Ch. 134, par. 16.5)




7    Sec. 2. Sentence. 

8    (a) Except as provided in
subsection (b), a
person who 
9violates any of the provisions of
Section 1, 1-1, or 1-2 of 
10this Act
is guilty of a Class B misdemeanor.
Except as provided

11in subsection (b), a second or subsequent
violation of Section 
121, 1-1, or 1-2 of this
Act is a Class A
misdemeanor, for which 
13the
court
shall impose a minimum of 14 days in
 jail or, if 
14public or
community service is established in the county in 
15which the offender was
convicted, 240 hours of public or 
16community service.

17    (b) In any of the following circumstances, a person who 
18violates Section 1,
1-1, or
1-2 of this Act shall be guilty of 
19a Class 4 felony:


20        (1) The person has 3 or more prior violations in the 
21    last 10 years of
harassment
by
telephone under Section 1-1 
22    of this Act, harassment through electronic
communications 
23    under Section 1-2 of this Act, or any similar offense of 
 
 
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1    any
state;


2        (2) The person has previously violated the harassment 
3    by telephone
provisions of Section 1-1 of this Act or the 
4    harassment through electronic
communications provisions of 
5    Section 1-2 of this Act or committed any similar
offense in 
6    any state with the same victim or a member of the victim's 
7    family or
household;


8        (3) At the time of the offense, the offender was under 
9    conditions of bail,
probation, mandatory supervised 
10    release or was the subject of an order of
protection, in 
11    this or any other state, prohibiting contact with the 
12    victim or
any member of the victim's family or household;


13        (4) In the course of the offense, the offender 
14    threatened to kill the
victim or any member of the victim's 
15    family or household;


16        (5) The person has been convicted in the last 10 years 
17    of a forcible
felony
as defined in Section 2-8 of the 
18    Criminal Code of 1961;


19        (6) The person violates paragraph (4.1) of Section 1-1 
20    or paragraph
(3.1) of subsection (a) of Section 1-2; or
21        (7) The person was at least 18 years of age at the time 
22    of the commission of the offense and the victim was under 
23    18 years of age at the time of the commission of the 
24    offense; or .

25        (8)  At the time of the offense, the offender was an 
26    inmate of a penal institution and the victim of the offense 
 
 
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1    was known by the offender to be an employee of that penal 
2    institution.  For the purposes of this paragraph (8), 
3    "employee" and "penal institution" have the meanings 
4    ascribed to them in Section 31A-1.2 of the Criminal Code of 
5    1961. 
6(Source: P.A. 95-984, eff. 6-1-09.)